Why did Theresa May change speech on MI5 snooping powers?

The Home Secretary altered key sections of a speech she gave on Britain's
surveillance powers, The Telegraph discloses

The Home Secretary watered down key sections of a speech on Britain’s surveillance powers reflecting confusion over the the ability of MI5 and other intelligence agencies to snoop on Britons, The Telegraph can disclose.

Theresa May used a speech on Tuesday to call for the security services to be given new surveillance powers to counter the threat from jihadists.

However, it can be disclosed that a pre-released version of the speech, given at Mansion House in the City of London, was subsequently changed significantly.

The initial passages released by the Home Office contained references to “strict laws” governing “the exchange of sensitive material with other countries”.

However, the final version of the speech published on the Government's website refers only to “laws governing the acquisition of information from other countries”.

The initial copy of the address circulated to journalists also said that Britain’s intelligence agencies “are expressly prohibited from asking their counterparts overseas to undertake activity that would be unlawful if they conducted it themselves”.

However, in the final published speech, that passage became: “Our intelligence agencies – MI5, MI6 and, yes, GCHQ – cannot ask their counterparts overseas to undertake activity that would be unlawful if they conducted it themselves.”

The alterations will raise questions about the legal safeguards around the UK’s security services and surveillance.

It is particularly sensitive in the wake of the Edward Snowden, the whistleblower who made disclosures relating to mass harvesting of personal communications data by British and American security services.

A series of claims were made about the legality of the actions of GCHQ, the Government’s monitoring station.

In her speech, Mrs May insisted that the security agencies had not acted illegally and said: “There is no surveillance state.”

The idea that intelligence agencies were “trawling at will” through people’s private lives is "absurd”, she said.

Accusations Britain relied on the United States to get illegally obtained internet records were “quite simply untrue”, she added.

She said that Britain needs new legislation so that the security services can continue to monitor communications.

Mrs May signalled that she could resurrect plans for a snoopers’ charter – previously blocked by the Liberal Democrats – giving stronger internet surveillance powers to counter the terror threat from British jihadists in Syria.

“The real problem is not that we have built an over-mighty state, but that the state is finding it harder to fulfil its most basic duty, which is to protect the public,” she said.

Mrs May added: "I will go on saying that we need to make changes to the law to maintain the capabilities we need.

“Yes, we have to make sure that the capabilities can only be used with the right authorisation and with appropriate oversight. But this is quite simply a question of life and death, a matter of national security. We must keep on making the case until we get the changes we need."

A Home Office spokesman said: "Speeches regularly undergo editing up until the point they are delivered to ensure they are factually and legally accurate. In this case the change was made to ensure the Home Secretary’s words properly reflected the legal position.

“When a draft was circulated to the media it was made clear it was to be checked against her delivery.”

How the speech was redrafted

Draft, circulated yesterday afternoon

In this country we do not just have laws governing the use of sensitive capabilities – we also have strict laws governing the exchange of sensitive material with other countries. Our intelligence agencies – MI5, MI6 and, yes, GCHQ – are expressly prohibited from asking their counterparts overseas to undertake activity that would be unlawful if they conducted it themselves.

Final, published on Government website

In this country we do not just have laws governing the use of sensitive capabilities – we also have laws governing the acquisition of information from other countries. Our intelligence agencies – MI5, MI6 and, yes, GCHQ – cannot ask their counterparts overseas to undertake activity that would be unlawful if they conducted it themselves.